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' • • <br />-3- <br />indicate that the operation will not be able to comply with the requirements of the Act and <br />applicable rules and regulations of the Board, the Permittee hereby agrees to exercise its <br />best efforts, after consulting with the Division, to modify the plans to correct such <br />deficiencies in the future. Such modifications may require technical revisions or <br />amendments to the permit. <br />4) The Board, or its authorized representative may enter upon the lands of the <br />permitted operation at all reasonable times for the purpose of inspection to determine <br />whether the provisions of the Act, Rules and Regulations, and permit have been complied <br />with pursuant to C.R.S. 34-32-121. <br />5) This permit may be revoked or suspended for non-compliance wit4 the Act <br />or applicable rules or regulations promulgated by the Board, the permit, or by violation of <br />a Board Order. <br />6) a) Pursuant to 34-32-118(5) of the Act, the Board has a right of entry to <br />reclaim the lands affected by the operation, or to respond to an emergency where the <br />Division determines that any of the conditions of C.R.S. 3432-124.5. exist <br />b) The Board will enter the lands to perform reclamation only if the Board <br />has determined: <br />i. that reclamation required by law to have been performed upon such <br />lands has not been performed, and <br />ii. that financial warranty forfeiture proceedings described in the Act <br />or similar provisions of subsequent laws, if any, have been initiated. <br />c) The Division, acting for the Board, will enter lands to respond to an <br />emergency only where the Division determines that any of the conditions of Construction <br />Material Rule 8.4.2. exist. <br />7) The additional conditions set forth in the attached rider, if any, are <br />incorporated herein by reference. <br />/~ a) Rider is attached. <br />/ / b) No rider is attached. <br />MINED LAND RECLAMATION BOARD <br />COLORADO DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. LO G <br />Division Director <br />